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Wednesday, June 2, 2010

Labour Attaché’s files are under table of Chief Secretary and CIAA. The appointment and deputation process are somehow postponed. Therefore, the Chief Secretary led team and CIAA must understand the legal (civil service laws & foreign employment laws etc.), professional (Admin/General Admin etc), individual (Particularly about the appointed persons career, prestige and dignity) and national sensitivity (issues of foreign employment, remittances and welfare etc) concerning the quarrel.

In media, our government is always talking about “Impunity”, but what about the impunity that are being performed by particularly government authority and its’ officials? Who is going to look at such impunity control? Intentional disobeying of the legislative and executive provisions are not impunities?

In my view, the Foreign Employment Laws and Civil Service Laws of Nepal give very clear understanding and description about the appointment process, eligibility and decision making process of Labour Attaché, so the both agencies must resolve and take necessary action in accordance with the legal provision of Nepal. The legal provision and lawful executive decisions should not be kept into limbo as considering the issue like contemporary political matters. It could have a very long term negative effect, if such culture continued lengthy.

Also, it is not fair culture to dismiss even the lawful file, if an unhappy group challenge over the acts in particular context due to their vested interest. Government and even the CIIA should consider disobey of Governmental decisions by government officials as an extended impunity. The opposing or delaying activities against the duly appointments are also under the definition of corruption and irregularities in accordance with the anti-corruption and CIAA laws; however, it is unfortunate that CIIA is still seems silent on the issue.

Therefore, I would humbly request to both authorities to take rational and scientific decisions as quick as possible on the issue. According to Civil Service Regulation of Nepal, 2050 (38, 39 &40) the Ministry of Labor and Transport Management must issue the “Ramana” to the appointed officials.

There are also possibilities to go Supreme Court by appointed officials for legal treatment, asking respective authorities to execute the lawful decision, also against the unexpected delay and disturbances. The provisions of civil service laws also point up about the penalization of respective authority and officials in case of irrational causes of unwanted delay in Ramana and Hajiri in assigned destination.

(Attachment: I have also attached herewith an old unedited Nepali written articles that deals with the Labour attaché Issue)